Australian Government silence on the threat posed by East Timor's Media Act would be a betrayal of its journalists and a disservice to the memory of the Balibo Five, writes Phelim Kine.

Australia's stake in East Timor's media freedom is rooted in that country's hillside town of Balibo. It was there on October 16, 1975 that invading Indonesian military forces killed, execution-style, five journalists - Greg Shackleton, Tony Stewart, and Gary Cunningham from Melbourne's Channel Seven and Brian Raymond Peters and Malcolm Rennie from Sydney's Channel Nine - to prevent them from reporting on the invasion.

Indonesian troops on December 8, 1975 killed Roger East, an Australian reporter drawn to East Timor to determine the fate of the Balibo Five.

Four decades later, East Timor's journalists and foreign correspondents are again under threat. A new media law that East Timor's parliament passed on May 6 has the power to stifle the country's still-fragile media freedom. East Timor's Court of Appeal is reviewing the law's constitutionality in response to a July 14 request by president Taur Matan Ruak.

Although the Media Act explicitly enshrines "freedom of the press", "freedom of expression", and "prohibition of censorship", elements of the law will give the government a free hand to gag journalists and the organisations they work for.

Exhibit A of the Media Act's intrinsic hostility to media freedom is its creation of an official Press Council. While the law tries to describe the Press Council as a benign five-member "independent administrative entity", its key functions and reliance on state funding make it a potentially serious threat. The Press Council would have the power to "grant, renew, suspend and revoke" the journalists' credentials under a new licensing system.

That licensing system imposes minimum periods of work internship for prospective journalists of six to 18 months depending on their education level. It also would give the Press Council effective power over who media organisations can hire by prohibiting them from employing any journalists "not duly certified with their [Press Council] credentials".

The licensing system would apply equally to domestic and foreign media organisations and their staff, giving the Press Council the power to approve or deny foreign correspondents' access to the country. Many of the world's most respected journalists never went to journalism school, yet these requirements would make it impossible for independent journalists lacking formal journalistic training to work.

The law's narrow definition of a journalist also ignores the value of a new generation of citizen journalists and bloggers who constitute a growing source of news in global media markets. The United Nations Human Rights Committee, the independent body that monitors compliance with the International Covenant on Civil and Political Rights, agrees.

The committee has stated that, "journalism is a function shared by a wide range of actors, including professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the internet or elsewhere, and general state systems of registration or licensing of journalists are incompatible" with the full realisation of freedom of expression "essential for the promotion and protection of human rights".

The Media Act does more than just dictate who can aspire to be a journalist in East Timor. It also imposes ambiguous "functions" and "duties" that could make journalists vulnerable to retaliation for reporting critical of the government.

Journalists would be obligated, along with reporting the news, to "promote the national culture", and "encourage and support high quality economic policies and services". Another provision requires journalists to "promote public interest and democratic order".

The danger for journalists lies in the law's omission of any specific explanation or clarification of what these obligations actually entail. As a result, the government has dangerously wide latitude in interpreting the law to the detriment of journalists' ability to report without fear of violating these ambiguous requirements.

The Australian Government should make it clear that media freedom is an indispensable component of a prosperous and stable society and demand that East Timor nurture a free media, not undermine it.

The government could, for example, interpret reporting on corporate malfeasance or environmental pollution by a local factory as a violation of journalists' legal obligation to "support high quality economic policies and services". Media reporting exposing graft, corruption or threats to public health might prompt the government to respond with legal action on the basis that such reports were a threat to "public interest and democratic order".

Not surprisingly, Timorese human rights activists have raised serious concerns about the new law's impact on media freedom. Journalists and activists have criticised the drafting and passage of the Media Act for a lack of transparency and consultation, with little or no formal opportunity for the public to comment.

They have good reason to fear that elements of the government and security forces want to intimidate journalists. The national police commissioner, Longinhos Monteiro, in March 2012 warned that police would arrest journalists who published "inaccurate" news articles.

In October 2012, the public prosecutor in Dili, the capital, imposed house arrest on two journalists who had written critically about an investigation of a fatal traffic accident.

East Timor's journalists and foreign correspondents - who spent decades under the boot heel of an oppressive Indonesian military occupation - deserve better. Journalists, including freelancers, took great risks and made enormous sacrifices to report the truth during the darkest days of Indonesia's occupation.

The government should recognise that the Media Act in its current form would betray those sacrifices.

The Australian Government has stated its "strong interest in a prosperous and stable Timor-Leste" and has budgeted $112.3 million in development aid in 2013-2014. The Australian Government should make it clear that media freedom is an indispensable component of a prosperous and stable society and demand that East Timor nurture a free media, not undermine it.

In a moving final broadcast three days before his death in October 1975, the Australian journalist Greg Shackleton recounted the desperation of East Timorese at the apparent lack of concern of the international community to their country's plight.

"Why, they asked, are the Australians not helping us?" an emotional Shackleton said into the camera. East Timor's journalists shouldn't have to ask that same question in 2014.

Australian Government silence on the threat posed by East Timor's Media Act would be a betrayal of those journalists and a disservice to the memory of the Balibo Five.

Comments (21)

Dave:

05 Aug 2014 10:59:09am

Very interesting article. East Timor's leaders would do well to consider that I as an Australian felt that one of the biggest stories of the last twelve months was the story of the bugging of the East Timor Cabinet Office during the Howard era, and the possibility of links between that event and Australian commercial interests. There are many unanswered questions about who knew what and who got paid by whom.

They would hate to see the Australian press muzzled like they're trying on their side when they and their legal representatives have been so effective in bringing out amazing stories of some very poor behaviour against them.

Dave:

05 Aug 2014 1:35:59pm

Just further to my own post, here's an outstanding report on the issue I'm referring to. This sort of journalism would not occur under the structure proposed for East Timor, yet East Timor would be critical of Australia if stories like this weren't reported here:

mike:

05 Aug 2014 11:26:31am

i am more worried about our media,we had our 14 years to help clean up timor,the half truths by all the media to sensationalise or push there own agendas ABC included are a blight on our country .sometimes they frighten when there is nothing to fear ,sometimes they cause guilt when we have done nothing wrong,sometimes they bring grief when there should be joy,Australia is losing an awful lot because of this.if we were properly unbaisadly informed we would be able to vote in a government that would do what they are supposed to do and govern for the people not for there own petty ideaoligiesm,its been decades since the good out numbered the bad

paul:

05 Aug 2014 11:45:04am

I find this article amazing and full of contradictions. There is a saying that has been around for many years, the pen is mightier than the sword. The standard of journalism has declined over the last few years to a point where people simply document their opinion. Gone are the days when quality journalists rang the telephones, spoke to their informants, presented evidence to support their opinions and the like. The art is dying. I agree that their should be freedom of opinion etc, but with that comes responsibility. That is the part that a number of modern day journalists simply ignore. I note that the article made mention of the lack of initiative etc of this current government. I find this to be hypocritical considering previous governments positions on this matter. For example, when the Balibo 5 were killed, what did our government do then, what did successive labor governments do. It was left to the evil Mr Howard to pull Indonesia into line, dare to insult that country and send Australian troops there to secure Timor's freedom. Why is this article linking aid to compliance to Australia's standards? Is it simply because of who is in government. Silence of previous media is disgraceful, especially when our citizens and your ilk were murdered and nothing was said.

splod1:

05 Aug 2014 12:20:08pm

The one element of this piece that I take exception to is the exhortation that the Australian government "DEMAND that East Timor nurture a free media, not undermine it." The last time I checked, East Timor was an independent nation and thus not obliged to accede to demands from other nations.

phil:

mike:

05 Aug 2014 1:47:16pm

we done some wrong,but we also done some good,i was deployed there and we were much loved by the people,unlike the UN troops who needed mesh on there windows to stop the stones,but your right it is its own nation and we can gently advise but we cant demand,A lot of us really believe the world listens and cares about what Aus says,I think we would be better giving Timor more Aid by cutting the billions we give to Indo

Dave:

05 Aug 2014 2:56:11pm

"we done some wrong,but we also done some good"

Absolutely. Well done on your service Mike. I've got a mate who was over there too and he learned some language and brought home some fascinating knick-knacks, appears to have built a solid relationship with some of the East Timorese he met.

The trouble was higher up. The Howard Government did the right thing in supporting East Timorese independence with appropriate military support, but from an East Timorese point of view it's forever looking like this happened in order to screw them over on local offshore oil reserves.

phil:

05 Aug 2014 3:01:06pm

The deaths of the journalists were but a few dropsin the bucket of blood of east timor, the image of gareth evans and ali alatas toasting each other with champagne over thetheft of timors resources ,while timorese were being slaughteredstill burns as one of our most shamefull moments as a nation.even as they gained their independence we had newspapers tellingus it "was not in our national interest"then we spy on them.Its always about the money isn't it......sickening.

mike:

05 Aug 2014 4:10:42pm

Phil,you may be right ,250,000 of them were slaughtered before we done anything but when your a soldier its best to not worry about the politics of it,best just to try do the right thing and protect the innocent etc etc, otherwise i think insanity would set in,i been to just about every crappy place jhonny,kevy,and julia could think up and I went thinking I am serving Australia and helping to give the locals a better life ,not them and there dream of recources ,deluded or not it kept me sane,or as sane as i was to begin with ha ha

PS I was quite an old soldier and Australia should be proud of 95% of there young men and women most were quite kindly underneath the brash bra vado they display

phil:

05 Aug 2014 5:18:10pm

mike no criticism to our peacekeepers was intendedaustralias actions in sending them and the actions of john howard and alexander downerare the only things we can take any pride in,In our rather sordid part of timors history

mike:

peter g:

05 Aug 2014 3:47:58pm

The world clearly needs peacekeepers from time to time & sometimes they are at great personal risk. The UN is far more than just peacekeepers and there is still a strong UN presence in the country providing technical assistance. They don't need wire and work and live in the community. I know because I have worked in Timor-Leste and continue to do so from time to time. Let me assure you that not all Timorese love Australians. Its not hard to find slogans saying go home Aussie. The Timorese have been traumatised by war with 30% of the population being murdered during the fight for independence. Today 50% of the population are malnourished and do not get sufficient food every day. As with all developing countries there are the haves and have nots and the have nots, particularly disenchanted young men are growing increasingly dissatisfied. There are no easy solutions but our well fed and well endowed country has not always acted with compassion to this near neighbour which is only a one hour flight from Darwin. I suspect freedom of the press is not something the average Timorese thinks much about. On thing I do know is we should not tell Timor what they should and should not do. That smacks of colonialism. They are a clever people who need a bit of help.

Snufkin:

05 Aug 2014 12:24:00pm

I am an incorrigible rusted on supporter of free speech and a free media. A free press, like the right of employees to collectively negotiate (ie., to be a member of a union) is an essential part of any real democracy. That said, it is up to the East Timor people to decide what they think should be allowed to be said in their own country. On the Balibo 5, I think the totally gutless behaviour of our own governments of various colours, deserves a lot more scrutiny.Have a good one.

Paul:

05 Aug 2014 5:44:17pm

Percy, I would simply ask you, how do you know what assistance if any the Abbott government has provided to peter greste. I would further ask why it is our government's responsibility to protect citizens who put themselves in danger in the course of that persons employment. I agree that what happened to peter greste is by our standards is wrong, however peter was in Egypt, not australia. That was peter's decision and I am sure that he was aware of it.

lifeinpictures:

phil:

05 Aug 2014 10:00:41pm

Al jazeera also has some blame in this. it is based in afundamentalist sunni country, had its reporters operating in a country they are trying to sue for for $150 million.while neglecting to tell them they were unlicensed.It has certainly focused attention at a time whena lot of the muslim brotherhood are facing the courts.Or maybe i'm just an old cynic.

Jason:

06 Aug 2014 1:24:26pm

"Many of the world's most respected journalists never went to journalism school..." - this, if it's true, says more about the collective state of professional competence in the Fourth Estate than it does about alleged Timorese Goverment heavy-handedness.

Perhaps this is aimed at producing a cohort of trained journalists who aspire to something more than undergraduate "gotcha" moments and arrogantly interrupting their interviewees with questions aimed at eliciting politically correct responses?

There may be something in this - a new and fragile government may well err towards overkill in the effort to build a national consensus, but invoking the ghosts of the Balibo Five is way over the top. No-one is claiming that the Timor Leste government wants to kill journalists, surely?

I stood inside the house where the Five were murdered - when I served with INTERFET in 1999. It's a sad place, with a lot of grim history. Remembering that, and seeing this twaddle, was just a bit too much.

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